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49ers' Smith out on bail after his arrest for DUI

By TERRY COLLINS Associated Press

Posted:
09/20/2013 11:07:13 AM MDT

Updated:
09/20/2013 06:08:34 PM MDT

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In a photo provided by the San Jose Police Department, San Francisco 49ers linebacker Aldon Smith appears in a booking photo. Smith was arrested Friday Sept. 20, 2013, in San Jose, Calif., on suspicion of driving under the influence and marijuana possession, authorities said.

SAN FRANCISCO—San Francisco 49ers All-Pro linebacker Aldon Smith was released from jail Friday after his pickup truck apparently struck a tree and he was arrested on suspicion of driving under the influence and marijuana possession, authorities said.

Smith later took to the practice field with his teammates Friday afternoon at team headquarters in Santa Clara. He is scheduled to appear in court on Nov. 4.

Smith declined to comment when reporters asked about his arrest.

Head coach Jim Harbaugh told reporters Friday that he expects that Smith will play Sunday when the Niners host the Indianapolis Colts at Candlestick Park.

"I expect Aldon—like today—he'll be back to work and playing on Sunday," Harbaugh said. "I anticipate that, yes."

Harbaugh said that any potential discipline will likely come from the NFL.

"There will be consequences. There always is," Harbaugh said. "Good or bad, we all have consequences."

Smith, 23, posted $5,250 bail and was released from the Santa Clara County jail late Friday morning, just hours after he was taken into custody by police responding to a single-vehicle crash that involved his truck in San Jose, Santa Clara County Sheriff's Sgt. Kurtis Stenderup said.

San Jose police arrested Smith after officers received a call from a resident about the crash in the city's Silver Creek area around 7 a.m., Sgt. Heather Randol said.

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Officers gave Smith breath tests and other tests after his pickup apparently struck a tree, hit a curb and left streak marks on a driveway and sidewalk.

"They conducted an investigation and determined he was under the influence," Randol said about Smith. "He was the only person inside the vehicle."

The linebacker, who helped the 49ers get to the Super Bowl last season, has 37 sacks in 34 career games and was selected to his first Pro Bowl and was an All-Pro last season.

Smith won the team's MVP award last season as he set the Niners' franchise record with 19 1/2 sacks. A first-round draft pick out of Missouri in 2011, Smith also set the team's rookie sack record with 14 that year.

His teammate, Pro Bowl tight end Vernon Davis, said Friday that Smith's arrest caught him by surprise as the team constantly talks about staying out of trouble.

"Some guys listen, some guys don't. You can take the horse to the water, but you can't make him drink. It's all about doing the right thing," Davis said. "I'm sure he'll come around. It's just a matter of time. Hopefully, he'll learn from this situation that he got himself into, and maybe it will come out positive instead of negative."

Smith, who turns 24 on Wednesday, has had other issues with the law as he was also arrested on suspicion of drunken driving in Miami Beach in January 2012.

In addition, he's named in a lawsuit by a Northern California man who said he was shot during a party at Smith's house.

In the suit filed earlier this month in Santa Clara County Superior Court, David Kleczek, an attorney for Ronndale Esporlas, claims that Smith and former 49ers tight end Delanie Walker fired weapons illegally during a party at Smith's San Jose home on June 29, 2012.

The players charged a $10 admission and $5 per drink, the lawsuit said. Smith and Walker, who is also named in the suit, were allegedly intoxicated on Smith's balcony when they later fired gunshots in the air while trying to end the party, the lawsuit said.

Kleczek said they then moved to the driveway where he alleged more shots were fired. Esporlas, 21, was shot twice in the leg while he was "caught in the crossfire between the two groups of people firing gunshots at each other," the lawsuit said.

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